DONNELL SLATER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in overruling the appellant's objection to the state's peremptory challenges of two prospective African American jurors.
The state used peremptory challenges to excuse two prospective African American jurors who were teachers. The state claimed it was excusing all teache…
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STONE, Judge.
Appellant’s conviction for first degree murder is affirmed. Upon a review of the record, we find no error or abuse of discretion in the trial court’s decision, which overruled appellant’s objection to the state’s peremptory challenges to two prospective African American jurors, both teachers. The state explained that it was excusing all teachers.
At first glance, the state’s explanation appears to fail the tests set out in State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) and Gadson v. State, 561 So. 2d 1316 (Fla. 4th DCA 1990). However, in this case, two other African American jurors were accepted by the state. Also, two teachers who were not members of a minority were stricken by the state. Additionally, the state announced its intention to also strike the two teachers remaining in the jury pool. We further note that the deceased victim was of the same minority race as the appellant. These additional facts are indicia of an absence of pretext not found in Slappy.
The trial court found that the challenges were not racially motivated. This finding is entitled to deference by this court. Reynolds v. State, 576 So. 2d 1300 (Fla. 1991); Reed v. State, 560 So. 2d 203 (Fla.), cert. denied, — U.S.-, 111 S.Ct. 230, 112 L.Ed.2d 184 (1990).
We also find no error in the other issue raised.
AFFIRMED.
ANSTEAD and GUNTHER, JJ., concur.
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Galvis v. State, 642 So. 2d 1172 (Fla. 4th DCA 1994)…565 So. 2d 304 (Fla.), cert. denied, 498 U.S. 992, 111 S.Ct. 537, 112 L.Ed.2d 547 (1990); Wyatt v. State, 641 So. 2d 355, 359 (1994). We also find no error in the trial court’s ruling on the state’s use of peremptory challenges. See Slater v. State, 588 So. 2d 320 (Fla. 4th DCA 1991). Finally, we find the evidence was sufficient to sustain appellant’s conviction. The appellant arrived at the scene of a drug transaction alone in his automobile. On the floor in front of the passenger seat was a plastic bag co…
Authorities Cited
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Grover Reed v. State, 560 So. 2d 203 (Fla. 1990)
- Men's Int'l Prof'l Tennis Council v. Volvo N. Am. Corp., 487 U.S. 1219 (U.S. 1988)
- Waste Mgmt. of Wis., Inc. v. Wis. Dep't of Natural Res., 487 U.S. 1219 (U.S. 1988)
- Reynolds v. State, 576 So. 2d 1300 (Fla. 1991)
- Gadson v. State, 561 So. 2d 1316 (Fla. 4th DCA 1990)